Articles
<![CDATA[Hakikat Otonomi Daerah Yang Luas, Nyata Dan Bertanggung Jawab Dalam Perspektif Utilitarianisme ]]>
<![CDATA[Cynthia Hadita]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ Riau Law Journal Vol 6, No 2 (2022): Riau Law Journal ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Riau ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30652/rlj.v6i2.7962
<![CDATA[Problematika esensi otonomi daerah dalam tataran implementasi pelaksanaannya sistemnya dalam bingkai Negara Kesatuan Republik Indonesia masih belum sesuai dengan hakikat otonomi daerah yang luas, nyata, dan bertanggungjawab sehingga hal ini juga akan menghambat tercapainya the greatest happines of the greatest number untuk sebagaimana dalam teori utilitarianisme dalam mencapai tujuan negara untuk menjadi negara kesejahteraan (welfare state). Metode penelitian yang digunakan yaitu yuridis normatif. Hasil penelitian menunjukkan bahwa urgensinya pelaksanaan otonomi daerah yang luas, nyata, dan bertanggungjawab diperlukan dalam sistem pemerintahan daerah agar dapat memenuhi kebutuhan daerah dengan esensi otonomi yang dimiliki dalam rangka mewujudkan kebahagiaan masyarakat daerah yang sebesar-besarnya.]]>
<![CDATA[Kelemahan Fundamental UUD 1945: Pra dan Pasca Amandemen ]]>
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ Unisia No. 49: Tahun XXVI Triwulan III 2003 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.20885/unisia.vol26.iss49.art4
<![CDATA[The downfall of the New Order government in 1998 marked the 'democratic rebirth', which was conducted through a series of constitutional amendments, starting from 1999 until 2002. The radical changes, indeed, is being made. However, constitutional amendments contain many shortcomings as whole amendments took place in the 'state in transition'. One consequences of this is that amendments seem to be more spontaneously adapting to realities. This in turn creates lack of conceptual basis, illcohesiveness and poor drafting. All these fundamental defects undoubtedly will affect democratisation process. This Article aims to examine the fundamental problems of the 1945 Constitution in the period of pre and after the amendments.]]>
<![CDATA[Indonesia’s Approach to International Treaties: Balancing National Interests and International Obligations ]]>
<![CDATA[Atip Latipulhayat]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ Padjadjaran Journal of International Law Vol. 6 No. 2 (2022): Padjadjaran Journal of International Law, Volume 6, Number 2, Juni 2022 ]]>
Publisher : <![CDATA[International Law Department, Faculty of Law Universitas Padjadjaran ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.23920/pjil.v6i2.915
<![CDATA[The relation and interaction between international and domestic law is one of the classic issues in international and it controversy remains in the realm of theory and practice. This is an issue of which many generations of both international and constitutional lawyers have wrestled, are wrestling and will continue to wrestle. For the Indonesian context, this issue is also still far from clear. The Indonesian Constitution of 1945 stipulates that the President of the Republic of Indonesia has the authority to conclude treaties with other countries. However, it does not clearly and specifically govern the status and position of international treaties under the Constitution. As a result, the Indonesian approach to international treaty is rather pragmatic, which is susceptible to some inconsistencies. It can be seen for instance in several decisions of the Indonesian Constitutional Court that clearly demonstrates the ambiguity towards international treaty. The Indonesian Parliament (DPR) argues that Indonesia should put emphasize to the national interests when Indonesia concluded international treaties. For a certain extent this approach is vulnerable to disregard international obligations in the name of national interests. There are some legislation for instance in the field of trade, which contains national interests clause that potentially will put Indonesia as the party that disregards its international obligations. This paper argues that national interests and international obligations are mutually inclusive, and not mutually exclusive element. To this end, international treaties should have a clear status and position under the Indonesian constitution to ensure that national interest and international obligation are working in harmony.]]>
<![CDATA[Urgensi Prinsip Musyawarah Terhadap Lembaga Daerah Dalam Perspektif Negara Hukum Pancasila ]]>
<![CDATA[Cynthia Hadita]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ Jurnal Ilmiah Penegakan Hukum Vol. 9 No. 2 (2022): JURNAL ILMIAH PENEGAKAN HUKUM DESEMBER ]]>
Publisher : <![CDATA[Universitas Medan Area ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31289/jiph.v9i2.8232
<![CDATA[The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so that it needs to be studied in the perspective of the state theory of Pancasila law. The purpose of this study is to analyze the urgency of the principle of deliberation towards regional institutions. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally]]>
<![CDATA[Coherence of Regional Independence and Welfare of Regional Communities in the Perspective of the Welfare State ]]>
<![CDATA[Cynthia Hadita]]>;
<![CDATA[Susi Dwi Harijanti]]>;
<![CDATA[Afnila]]>;
<![CDATA[Keizerina Devi Azwar]]>
<![CDATA[ Indonesian Journal of Business Analytics Vol. 3 No. 2 (2023): April, 2023 ]]>
Publisher : <![CDATA[PT FORMOSA CENDEKIA GLOBAL ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.55927/ijba.v3i2.3506
<![CDATA[Crucially, regional independence is an important part of creating welfare for regional communities which will be studied from the perspective of the welfare state. The research method used is normative juridical with a doctrinal approach. The results showed that there is a coherence between regional independence and the welfare of the people in the region that independent regional government will be able to optimize the regional potential for regional needs.]]>
<![CDATA[The Urgency of The Principle of Deliberation Towards Regional Institutions in The Perspective of The State of Pancasila Law ]]>
<![CDATA[Cynthia Hadita]]>;
<![CDATA[Susi Dwi Harijanti]]>
<![CDATA[ Veteran Law Review Vol 6 No 1 (2023): Mei 2023 ]]>
Publisher : <![CDATA[Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35586/velrev.v6i1.4881
<![CDATA[The problem has not been applied optimally and optimally to the principle of deliberation, besides the need for structuring regional institutions so that they can run effectively and efficiently so it needs to be studied from the perspective of the state theory of Pancasila law. The research method used is normative juridical. The results showed that the urgency of regional institutions that refer to the principle of deliberation by remembering that Indonesia is a State of Pancasila Law, one of which needs to practice consultative values, it becomes necessary to construct regional institutions. The RIA method needs to be carried out to consider the costs and benefits in maximizing the implementation of ideal regional autonomy by elaborating on the arrangement of inefficient regional institutions so that they can be implemented optimally.]]>
<![CDATA[Complaint Handling Systems In The Public Sector: A Comparative Analysis Between Indonesia and Australia ]]>
<![CDATA[Harijanti, Susi Dwi]]>
<![CDATA[ Indonesian Comparative Law Review Vol 3, No 1 (2020) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Yogyakarta ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.18196/iclr.v3i1.11454
<![CDATA[This article deals primarily with complaint handling system with reference to an ombudsman that established by the government as opposed to the private ombudsman variety in Indonesia and Australia’s jurisdictions. In practice, group of people or persons have often arisen complaints or grievances in public service, and it requires solutions. It is widely known that the Ombudsman office has long been regarded as an effective office in resolving people complaint. This is mainly because the nature of the Ombudsman as an independent and impartial institution. This article argues that regardless of the different context of introduction of an ombudsman in Indonesia and Australia because of different political and social context, however, the performance of ombudsman in both countries has showed significant role in enhancing public services through their expanded mandates and stronger powers.]]>
<![CDATA[The Constitutionality of Outsourcing Job Regulation in the Law on Job Creation ]]>
<![CDATA[Sisinaru, Sostones Y]]>;
<![CDATA[Harijanti, Susi Dwi]]>
<![CDATA[ LAW REFORM Vol 18, No 1 (2022) ]]>
Publisher : <![CDATA[PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
Full PDF (589.331 KB)
|
DOI: 10.14710/lr.v18i1.44249
<![CDATA[Government policy to adopt the idea of “omnibus law” through the forming of Job Creation Law aims to simplify investment and to fix regulations in Indonesia. Job creation Law consists of 11 clusters. One of the clusters regulates manpower mainly concerning Outsourcing Minimum Wage and termination of employment. This policy has potential to bring disadvantages to the interest of the workers and leads to protest by workers/labors. This study aims to investigate political direction of job Creation Law and question the constitutionality of the regulations of outsourcing work in Job Creation Law. Research method of this study was normative, meaning that by using legislation and conceptual approach to perform qualitative analysis. The result and Discussion of this study concludes that political direction of Job creation Law is still authoritarian politics so that resulting in Law that is conservative because the discussion about the Law did not involve the people participation. Moreover, the material formulation of outsourcing in Job Creation Bill has not aligned with the mandate of Supreme Court decision No 27/PUU-IX/2011.]]>
<![CDATA[COMPARISON OF INDEPENDENT REGIONAL INSTITUTIONS THAT CONSULTATIVE IN THE LOCAL GOVERNMENT SYSTEM ]]>
<![CDATA[Hadita, Cynthia]]>;
<![CDATA[Harijanti, Susi Dwi]]>;
<![CDATA[Afnila, Afnila]]>;
<![CDATA[Azwar, T. Keizerina Devi]]>
<![CDATA[ Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023) ]]>
Publisher : <![CDATA[Proceeding International Seminar of Islamic Studies ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Independent regional institutions as derivatives of independent state institutions or will be studied can regional institutions be formed on the basis of regional needs and regulated in laws and regulations, so that a comparison will be made with France and the United States regarding independent regional institutions that are consultative with those that are implemented or that have not been implemented in the local government system in Indonesia. The research method used is normative juridical. The results showed that Indonesia does not yet have independent regional institutions that are consultative, compared to France and America have independent regional institutions that are consultative so that local/state governments can take appropriate policies.]]>
<![CDATA[The Idea of Presidential Term Limit as an Implicit Unamendable Provision: Gagasan Pembatasan Masa Jabatan Presiden sebagai Implicit Unamendable Provision ]]>
<![CDATA[Hatim, Ahmad]]>;
<![CDATA[Harijanti, Susi Dwi]]>;
<![CDATA[Giri Ahmad Taufik]]>
<![CDATA[ Jurnal Konstitusi Vol. 21 No. 4 (2024) ]]>
Publisher : <![CDATA[Constitutional Court of the Republic of Indonesia, Indonesia ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.31078/jk2142
<![CDATA[The discourse on amending Article 7 of the 1945 Constitution to extend the presidential term has surfaced on multiple occasions. The author’s hypothesis asserts that such an amendment is not only challenging but fundamentally unfeasible, as it constitutes an implicit unamendable provision. This article examines this hypothesis using a normative juridical method, which involves analyzing legal norms, principles, and doctrines through a positive legal approach. The study concludes that Article 7 of the 1945 Constitution represents an implicit unamendable provision, as evidenced by its historical context, its interrelation with other constitutional provisions, relevant court decisions, and the procedural framework of the constitutional amendment process.]]>
